Understanding “Trenton’s Law” and How a Florida DUI Defense Lawyer Can Protect Your Rights
As a Florida DUI Defense Lawyer, I’ve seen countless drivers shocked to learn that simply saying “no” to a breath test could now lead to a criminal conviction. For years, a first refusal of a breath, blood, or urine test in Florida was treated as a civil infraction under the state’s implied consent laws. However, that changed with the passage of Trenton’s Law, which makes even a first-time test refusal a criminal act.
This new law reflects Florida’s tougher stance on impaired driving and refusal behavior. But with this change comes serious consequences—fines, possible jail time, and a permanent criminal record that can impact your career, insurance, and future opportunities.
If you’ve been charged with refusing a breath test under Trenton’s Law, you must act quickly. An experienced DUI defense attorney can fight the charge, challenge the legality of the stop, and protect your rights under both Florida’s implied consent statute (§316.1932) and the refusal statute (§316.1939).
What Trenton’s Law Means for Drivers in Florida
Trenton’s Law was passed to close what legislators described as a “loophole” in DUI enforcement. Before this law, a first-time refusal of a lawful DUI test was a civil violation, punishable by a one-year license suspension. Only repeat refusals were treated as a first-degree misdemeanor under Florida Statute §316.1939.
Now, under Trenton’s Law, even your first refusal can be prosecuted as a crime. This reclassification means that drivers who refuse testing—often because they fear inaccurate readings or don’t understand their rights—can face criminal charges even if no alcohol test result exists.
Let’s review the statute itself.
Florida Statute §316.1939 – Refusal to Submit to Testing
The law reads in part:
“A person who has refused to submit to a lawful test of his or her breath, urine, or blood, as required by s. 316.1932, and who has been informed that a refusal will result in the suspension of his or her privilege to operate a motor vehicle, commits a misdemeanor of the first degree.”
“A person who refuses to submit to such a test and whose driver license has been previously suspended for a prior refusal commits a misdemeanor of the first degree.”
Under Trenton’s Law, this provision is expanded to include first-time refusals, which were previously treated only as administrative infractions.
A first-degree misdemeanor in Florida carries penalties of:
-
Up to one year in jail
-
Up to one year of probation
-
Up to $1,000 in fines
Additionally, refusal charges can add a permanent mark to your criminal record, affecting background checks, employment opportunities, and insurance rates.
Related Statute – Florida’s Implied Consent Law (§316.1932)
Florida’s Implied Consent Statute provides that by driving a vehicle in the state, you automatically agree to submit to lawful testing if lawfully arrested for DUI.
Florida Statute §316.1932(1)(a)(1)(a):
“Any person who accepts the privilege of operating a motor vehicle within this state shall be deemed to have given his or her consent to submit to an approved chemical or physical test of his or her breath, and to a urine test for the purpose of determining the alcoholic content of his or her blood or breath.”
When an officer requests a test, they must inform you of the consequences of refusal—including suspension and now, criminal prosecution.
However, as a Florida DUI Defense Lawyer, I’ve found that officers sometimes fail to properly advise suspects of these rights, which can make a significant difference in the courtroom.
Why Refusing a Breath Test Can Hurt More Than Help
Many drivers refuse a breath test because they believe it will make it harder for prosecutors to prove intoxication. While that was often true before Trenton’s Law, the strategy now carries serious risks.
A refusal can now:
-
Trigger criminal prosecution even without a DUI conviction
-
Result in immediate driver’s license suspension
-
Be used as evidence of guilt in a DUI trial under Florida law
-
Lead to enhanced penalties if you are later convicted
What makes this law particularly harsh is that it punishes drivers even if their underlying DUI charge is later reduced or dismissed.
Defenses to a DUI Refusal Charge
Defending against a refusal charge under Trenton’s Law requires careful examination of every step law enforcement took during your stop, arrest, and testing request. As your defense attorney, I focus on identifying weaknesses that could lead to a dismissal or reduction. Common defenses include:
-
Lack of Lawful Arrest:
The officer must have had probable cause to believe you were under the influence before requesting a test. If not, any refusal is invalid. -
Failure to Advise of Consequences:
If the officer failed to properly explain the consequences of refusal under §316.1932, the refusal charge may not stand. -
Unclear or Involuntary Refusal:
Confusion, language barriers, or medical conditions can lead to misunderstandings. The state must prove that the refusal was willful. -
Unlawful Stop or Detention:
If the stop was illegal, all evidence—including the refusal—can be suppressed. -
Violation of Constitutional Rights:
Improper questioning or lack of Miranda warnings can support a motion to dismiss. -
Inaccurate or Conflicting Reports:
Inconsistencies between the officer’s bodycam footage, arrest affidavit, and testimony can raise doubt about the validity of the charge.
A skilled Florida DUI Defense Lawyer can use these and other strategies to fight your case in both criminal court and administrative hearings.
Real Case Example – Refusal Dismissed in Orange County
I represented a client in Orange County who was pulled over for speeding late at night on Colonial Drive. The officer claimed he smelled alcohol and requested a breath test. My client, nervous and confused, said, “I don’t think I can do that right now.” He was arrested for refusal and DUI.
During discovery, I obtained the dashcam footage, which showed that the officer never read the implied consent warning. Without that advisement, the refusal was not legally valid. I filed a motion to suppress, and the judge dismissed the refusal charge entirely.
This case shows how critical it is to have an attorney review every detail. My client avoided a criminal conviction, kept his record clean, and was able to continue working without interruption.
Administrative vs. Criminal Consequences
When you refuse a test in Florida, you face two separate proceedings:
-
Administrative Suspension (DHSMV):
-
1-year suspension for a first refusal
-
18 months for a second refusal
-
-
Criminal Prosecution (Under Trenton’s Law):
-
Misdemeanor charge even for the first refusal
-
Possible jail, fines, and probation
-
An attorney can represent you in both arenas, helping to challenge your license suspension and defend against the criminal charge in court.
Why You Need a Private Attorney
Public defenders are often overloaded and may not have the time to challenge every element of your case. A private Florida DUI Defense Lawyer can act quickly, request discovery, subpoena evidence, and challenge the legality of your arrest.
In many cases, early intervention leads to the best results—sometimes even preventing the filing of formal charges. A private defense allows for tailored legal strategies, personal communication, and negotiation leverage that can make the difference between a conviction and a dismissal.
How Trenton’s Law Affects Future DUI Cases
Trenton’s Law also sets a new precedent. Prosecutors are now likely to pursue refusal cases aggressively, even when no chemical evidence of intoxication exists. The law also makes future DUI charges more serious—because any prior refusal can now count as a prior offense, enhancing penalties for later DUIs.
In effect, the law gives prosecutors more power and makes the defense process more complex. That’s why hiring an experienced Florida DUI Defense Lawyer early is critical.
Protecting Your Rights After a DUI Refusal
If you’ve been accused of refusing a breath, blood, or urine test, time is not on your side. You have only 10 days from your arrest to request a formal hearing with the Florida Department of Highway Safety and Motor Vehicles to challenge your license suspension.
At Musca Law, we file these requests immediately, obtain the officer’s reports, review all video evidence, and prepare your defense for both administrative and criminal court.
Remember, an arrest is not a conviction. With the right legal strategy, your case can be reduced, dismissed, or resolved in a way that avoids jail and protects your record.
Florida DUI Defense Frequently Asked Questions
What happens if I refuse a breath test in Florida for the first time?
Under Trenton’s Law, even a first refusal can now lead to a criminal charge. You may face up to one year in jail, probation, and fines, along with a one-year license suspension. A DUI defense lawyer can challenge whether the officer lawfully requested the test and whether the refusal was valid under the statute.
Can I still be charged with DUI even if I refused the test?
Yes. Refusing a test does not prevent a DUI charge. The state can rely on other evidence such as driving behavior, field sobriety tests, or officer testimony. However, the absence of a breath result can make the state’s case harder to prove, which your lawyer can use to your advantage.
What if the officer didn’t explain that refusal is now a crime?
If you weren’t properly informed that refusal could lead to criminal prosecution, your attorney may argue that the refusal was not knowing or voluntary. Florida law requires officers to give clear and complete implied consent warnings before a refusal can be used as evidence.
Will I lose my license automatically after refusing a test?
Your license will be suspended administratively, but you can fight that suspension by requesting a DHSMV hearing within 10 days. Your attorney can represent you at this hearing and potentially have your driving privileges reinstated.
Can I go to jail for a refusal without a DUI conviction?
Yes. Trenton’s Law allows prosecutors to charge a refusal as a separate misdemeanor offense, even if you are not convicted of DUI. That’s why it’s vital to hire a skilled DUI defense lawyer immediately after your arrest.
Can I expunge a refusal charge from my record?
If your case is dismissed or the charges are dropped, you may qualify for expungement. A lawyer can guide you through this process, ensuring that your record stays clean and future employers cannot access the arrest information.
Is refusing a breath test ever a good idea?
Not under the new law. A refusal now triggers both criminal and administrative consequences. The smarter approach is to remain polite, comply with the officer’s lawful requests, and then contact a defense lawyer as soon as possible.
How does Trenton’s Law affect future DUI penalties?
A refusal conviction now counts as a prior offense. If you’re later arrested for DUI, prosecutors can use that prior conviction to seek enhanced penalties, including longer jail terms and license suspensions.
What are the most common defenses to a refusal charge?
Common defenses include lack of probable cause, unlawful stop, improper implied consent warnings, medical inability to perform the test, and involuntary refusal due to confusion or fear. Each case is unique, and your lawyer can identify the defense that best fits your circumstances.
How soon should I contact a lawyer after refusing a test?
Immediately. You have only 10 days to preserve your license rights. Waiting too long can eliminate your chance to challenge the suspension or gather critical evidence from the scene.
Protect Your Rights Under Trenton’s Law
If you have been arrested for refusing a breath, blood, or urine test under Florida’s new Trenton’s Law, your future could be at risk. You don’t have to face these charges alone.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you or someone you care about has been arrested for refusing a breath test under Trenton’s Law, time is critical. This charge now carries serious criminal consequences even for a first refusal, and the outcome of your case will depend on immediate and strategic legal action. At Musca Law, P.A., we fight to protect your freedom, your license, and your record. My team and I have handled thousands of DUI cases across Florida, including those involving breath test refusals, blood draws, and implied consent violations. We know the courts, the prosecutors, and how to challenge every detail of a DUI arrest.